iTouch will appeal to the Advertising Standards Authority tomorrow over a ruling that the phrase 'truetone" is misleading.
Sony BMG lodged a complaint last year that the use of the phrase 'truetone` leads consumers to believe that they would receive a clip from the original recording of songs when downloading a ringtone, whereas they only receive an imitation.
The ASA directorate ruled that the phrase "truetone" is misleading. iTouch was therefore required to withdraw the claim in its current format with immediate effect.
In its submission, Sony BMG said the misleading impression is furthered by the use of the words "originally sung by" or "made famous by", which appear near the words "truetone` in advertisements. They also noted that the consumers are misled and their goodwill exploited.
In its response to the complaint, iTouch submitted that there are four types of ring tones: monophonic, polyphonic, truetone and realtone. Of these, only real tones are true clips from original songs and have lyrics.
Davin Mole, CEO of Exactmobile, disagrees with the terminology. He says the mobile content industry norms generally cater for three types of tones, excluding the realtones suggested by iTouch.
"While the ASA notes in its ruling that iTouch may not have used the correct industry terminology, it said the hypothetical reasonable person is not familiar with the terms. It therefore ruled that the use of the word truetone in iTouch`s advertising is misleading, he says.
Mole says misleading advertising creates a problem for content providers who only sell from original artists. He says South Africa needs a standardization process regarding terminology and that mobile service providers and Wireless Applications Services Providers Association should make a decision regarding the issue.
Reinhardt Buys of Buys Incorporated argues that the issue is whether the sector should allow advertising that blurs the difference between the real thing and an imitation. The ruling indicated that ASA wouldn`t, he says.
Share